ORS 100.119¹
Restated declaration
  • restated assignment of use

(1) An association of unit owners may adopt a resolution, without approval of unit owners, to prepare and record a restated declaration that must include:

(a) The word “Restated” in the declaration title.

(b) All previously adopted amendments that are recorded and in effect.

(c) A statement that the association has adopted a resolution in accordance with this subsection.

(d) A reference to the recording index numbers and date of recording of the initial declaration and all previously recorded amendments that are in effect and are being codified.

(e) A certification by the association that:

(A) The restated declaration includes all previously adopted amendments that are recorded and in effect.

(B) Other changes were not made to the declaration except, if applicable, to correct scriveners’ errors or to conform format and style.

(2) The association may adopt a resolution, without specific approval of unit owners, to prepare and record a restated assignment of use of limited common elements under this section, that must include:

(a) The words “Restated Assignment of Use of Limited Common Elements” followed by the title of the declaration and the name of the condominium if the name is not part of the title of the declaration.

(b) An assignment of use of all limited common elements of the type assigned in the declaration, a supplemental declaration or an amendment to the declaration.

(c) A reference to the recording index numbers and date of recording of the initial declarations and all supplemental declarations and amendments that are recorded and in effect.

(d) The unit to which the use of each limited common element is reserved.

(e) An allocation, if any, of use of a limited common element assigned to more than one unit.

(f) If the condominium is a flexible condominium or a staged condominium, the location of each unit and limited common element assigned to the unit by stage, supplemental declaration, applicable plat or other method.

(g) A statement that the association has adopted a resolution in accordance with this subsection.

(h) Any other information required by rule by the Real Estate Commissioner.

(i) Certification by the association that:

(A) The restated assignment of use of limited common elements includes all assignments of use of limited common elements of the type assigned in the declaration, a supplemental declaration or an amendment to the declaration.

(B) Other changes were not made to the restatement except to correct scriveners’ errors or to conform format and style.

(3) If the restated declaration or the restated assignment of use conflicts with a recorded and effective document that supplemented or amended the declaration or assignment, the document that supplemented or amended the declaration or assignment controls.

(4) A restated declaration or a restated assignment of use under this section is not effective unless:

(a) Executed by the association and acknowledged;

(b) Approved by the commissioner under ORS 100.110 (Approval of declaration, supplemental declaration or amendment required); and

(c) Recorded in the office of the recording officer of every county in which the condominium is located.

(5) The association shall file a copy of the recorded restated declaration or assignment of use with the commissioner. [2019 c.69 §2]

Note: 100.119 (Restated declaration) was added to and made a part of ORS chapter 100 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

(formerly 94.004 to 94.480)

See also annota­tions under ORS 91.505 to 91.675 in permanent edi­tion.

Notes of Decisions

Even if declara­tions filed for purpose of bringing develop­ment within condominium law were defective for failure to conform to statutory require­ments, develop­ment was not vitiated but deficiencies would constitute mis­take in transac­tion thus making instru­ment eligible for reforma­tion in equity. Dickey v. Barnes, Mossberg, 268 Or 226, 519 P2d 1252 (1974)

Developers of planned unit develop­ments which are not organized as condominiums cannot claim the tax advantages of the Unit Ownership Law. Brooks Resources v. Dept. of Rev., 276 Or 1177, 558 P2d 312 (1976)

Purchasers of condominium units are automatically members of the unit owners associa­tion and subject to its declara­tion and bylaws; where those declara­tions and bylaws provide discre­tion to the Board of Directors to assess for fees necessary to create a “unified plan for the develop­ment and opera­tion” of the condominium, and the purchaser has alleged no abuse of discre­tion, the judg­ment of the Board of Directors is upheld. Assn. of Unit Owners of the Inn of the Seventh Mountain v. Gruenfeld, 277 Or 259, 560 P2d 641 (1977)

Acquisi­tion of prop­erty by condominium associa­tion is not limited to prop­erty subject to annexa­tion require­ments. Gier’s Liquor v. Associa­tion of Unit Owners, 124 Or App 365, 862 P2d 560 (1993)

Law Review Cita­tions

16 WLR 253 (1979)

Chapter 100

Notes of Decisions

This chapter does not authorize regula­tion by the Real Estate Division of sales of “right to use” time share interests in condominiums. Royal Aloha Partners v. Real Estate Division, 59 Or App 564, 651 P2d 1350 (1982)

Law Review Cita­tions

18 WLR 95 (1982)

1 Legislative Counsel Committee, CHAPTER 100—Condominiums, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors100.­html (2019) (last ac­cessed May 16, 2020).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2019, Chapter 100, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano100.­html (2019) (last ac­cessed May 16, 2020).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent. Currency Information